Queensland operates a zero tolerance policy for drug driving. If a roadside drug test detects any trace of a relevant drug in your saliva or blood, you can be charged regardless of whether your driving was actually impaired. There is no legal threshold, no minimum concentration, and no margin for error. A single positive reading is enough.
At Donnelly Law Group, our drug driving lawyers have over 25 years of extensive experience representing clients charged with every type of drug driving offence across Brisbane, the Gold Coast, and south east Queensland. Whether you are facing drug driving charges for the first time or dealing with a repeat offence, our experienced drug driving lawyers can provide proper legal guidance and expert legal representation to protect your rights and your licence.
Call us on 1300 11 22 12 for a free consultation with an experienced drug driving lawyer.
Understanding Drug Driving Offences in Queensland
Drug driving offences in Queensland are governed by the Transport Operations (Road Use Management) Act 1995 (Qld). There are two categories of drug driving charge, and understanding the distinction between them is important because it determines the penalties you face, whether your licence is immediately suspended, and whether you can apply for a restricted work licence.
Driving with a Relevant Drug Present in Blood or Saliva
This is the more common of the two drug driving offences. It applies when a roadside saliva test or subsequent blood test confirms the presence of a relevant drug in your system while you were driving, attempting to drive, or in charge of a motor vehicle.
The prosecution does not need to prove that the drug actually impaired your driving ability. The mere presence of any detectable amount is sufficient to establish the offence. You can be stone-cold sober, driving perfectly, and still be guilty if a relevant drug is present in your saliva or blood.
What is a “relevant drug”?
Under Queensland law, the following four substances are classified as relevant drugs for the purposes of drug driving offences:
- Delta-9-tetrahydrocannabinol (THC / cannabis / marijuana)
- Methylamphetamine (methamphetamine / ICE)
- 3,4-methylenedioxymethamphetamine (MDMA / ecstasy)
- Cocaine
These are the only four substances that roadside saliva tests are designed to detect. Other illegal drugs and prescription drugs are not captured by the roadside testing regime, though they may be relevant to the more serious charge of driving under the influence.
Penalties for driving with a relevant drug present (first offence):
| Maximum fine | $2,258 (14 penalty units) |
| Maximum imprisonment | 3 months |
| Driver licence disqualification | 1 to 9 months (mandatory minimum period of 1 month) |
| Immediate suspension | 24 hours |
| Work licence eligible | Yes (strict criteria must be met) |
Although imprisonment is rarely imposed for a first offence of this type, a licence disqualification and potential criminal conviction are serious consequences that warrant experienced legal representation.
Driving Under the Influence of Drugs (DUI)
This is the more serious drug driving charge. It applies where police allege that your ability to drive was actually impaired by drugs. Unlike the “relevant drug present” offence, this charge requires evidence of impairment, not merely the presence of a substance. Queensland Police may assess impairment through observations such as erratic driving behaviour, slurred speech, poor coordination, disorientation, bloodshot or dilated eyes, and the presence of drug paraphernalia.
This offence is comparable to high range drink driving in terms of both penalties and severity. Your licence is immediately suspended from the time of the charge and remains suspended until the matter is finalised in court. You are not eligible to apply for a restricted work licence.
Penalties for driving under the influence of drugs (first offence):
| Maximum fine | $4,516 (28 penalty units) |
| Maximum penalty of imprisonment | 9 months |
| Driver licence disqualification | 6 months minimum (no cap) |
| Immediate suspension | Until charge is finalised in court |
| Work licence eligible | No |
Cannabis and THC Drug Driving
Cannabis is by far the most common substance detected in Queensland roadside drug tests. THC, the active compound in cannabis, can remain detectable in saliva for an extended period after use. This means a person who consumed cannabis days before driving may still return a positive result on a roadside drug test, even though they are no longer under the influence of drugs.
Queensland’s zero tolerance approach means the length of time since consumption is irrelevant. If the saliva test detects any trace of THC, the offence is established.
Detection windows:
- THC can typically be detected in saliva for 12 to 72 hours after use, depending on the frequency and amount consumed.
- Heavy or regular users may test positive for longer periods.
- These detection windows are approximate and vary between individuals.
MDMA Drug Driving
MDMA (ecstasy) is a “relevant drug” under Queensland law. A positive saliva test for MDMA while driving, attempting to drive, or in charge of a motor vehicle constitutes an offence regardless of impairment.
Detection window:
- MDMA is generally detectable in saliva for 24 to 48 hours after use.
Cocaine Drug Driving
Cocaine is classified as a “relevant drug”. Any detectable level of cocaine in a person’s saliva or blood while driving constitutes an offence.
Detection window:
- Cocaine is typically detectable in saliva for 24 to 48 hours after use, though metabolites may be present for longer.
Methylamphetamine (ICE) Drug Driving
Methylamphetamine, commonly known as ICE, is also a “relevant drug”. As with all relevant drugs, the prosecution needs only to prove its presence in your system, not that it impaired your driving.
Detection window:
- Methylamphetamine can be detectable in saliva for up to 72 hours after use, though this varies depending on dosage and individual metabolism.
A common source of confusion is whether prescription drugs can result in a drug driving charge. The roadside saliva test only detects the four “relevant drugs” listed above (THC, methylamphetamine, MDMA, and cocaine). It does not test for prescription medications such as benzodiazepines, opioid painkillers, sleep medications, or antidepressants.
However, if police believe your driving is impaired by any substance, including prescription drugs, they can charge you with the more serious offence of driving under the influence of drugs. This charge is based on observed impairment, not a positive roadside test. A blood test may then be used to confirm the presence and concentration of the substance.
Having a valid prescription does not automatically provide a defence to a DUI charge. If your medication impaired your ability to drive safely, the offence can still be established. The court may, however, treat a prescription medication case differently from an illicit drug case when determining the appropriate penalty.
If you are charged with drug driving related to prescription drugs, contact our drug driving lawyers immediately.
Queensland imposes significantly harsher penalties for repeat drug driving offenders compared to first-time violations. If you commit a second or subsequent drug driving offence within 5 years, the consequences escalate substantially.
Penalties for repeat drug driving offences:
| Offence | Second Offence (within 5 years) | Third+ Offence (within 5 years) |
|---|---|---|
| Relevant drug present | Fine up to $3,226; up to 6 months imprisonment; disqualification 3 to 18 months | Fine up to $4,516; up to 9 months imprisonment; disqualification 6 months minimum |
| DUI of drugs | Fine up to $9,678; up to 18 months imprisonment; disqualification 1 year minimum | Fine up to $9,678; mandatory imprisonment; disqualification 2 years minimum |
For a third or subsequent DUI of drugs offence, the court must impose a sentence of actual imprisonment. There is no judicial discretion to avoid jail time in this category.
Work licence eligibility is lost entirely for repeat offenders with a prior drink driving or drug driving conviction within the previous 5 years.
Understanding how Queensland Police conduct roadside drug tests helps you know what to expect and where potential defence opportunities may arise.
Initial stop
Police may stop you at a random drug test (RDT) site (often alongside a random breath test station), following a traffic accident, or based on observations of your driving. You are legally required to comply.
Preliminary saliva test
The officer will ask you to provide a saliva sample using a testing device. This initial test takes approximately 5 minutes. If the result is negative, you are free to go.
Second confirmatory saliva test
If the initial test indicates a positive result, police will conduct a second saliva test to confirm the finding.
24-hour licence suspension
If the second test is also positive, your licence is immediately suspended for 24 hours. You cannot drive during this period.
Laboratory analysis
Your saliva sample is sent to a government-accredited laboratory for formal analysis. The laboratory result is the evidence used in court, not the roadside test result. Laboratory confirmation can take several weeks.
Charge and notice to appear
If the laboratory confirms the presence of a relevant drug, you will receive a notice to appear at the Magistrates Court. Your court date is typically 4 to 8 weeks after the laboratory result is confirmed.
Refusing to provide a saliva sample
It is an offence to refuse to provide a saliva sample when lawfully requested by a police officer. The maximum penalty for refusal is a fine of up to $5,337 or 6 months imprisonment, together with a mandatory licence disqualification. Refusing the test does not help you avoid a charge and in fact exposes you to a separate, serious offence.
Not every positive drug test leads to a conviction. Your drug driving lawyer will examine the prosecution’s case to identify whether a viable defence strategy exists or whether the evidence can be challenged on procedural or technical grounds.
Challenging the roadside testing procedure
The saliva test must be conducted in accordance with strict legislative requirements. If the testing officer did not follow the prescribed protocol, if the testing device was not properly maintained or calibrated, or if there was a procedural irregularity in how the sample was collected or handled, the evidence may be challenged.
Challenging the laboratory analysis
The saliva sample must be transported, stored, and analysed in compliance with chain of custody requirements. Any break in the chain, contamination of the sample, or failure to follow prescribed laboratory methodology may render the results unreliable.
Challenging the legality of the traffic stop
Police must have lawful authority to stop your vehicle and require a saliva test. If the stop was not conducted under a valid RDT operation or was otherwise unlawful, the evidence obtained may be inadmissible.
Not in charge of a motor vehicle
The prosecution must prove you were driving, attempting to drive, or “in charge of” a motor vehicle at the relevant time. Being “in charge of” a vehicle extends beyond active driving. It can include sitting in the driver’s seat with the keys in the ignition, even if the engine is off. However, there are limits, and your lawyer can assess whether the prosecution can establish this element.
Extraordinary emergency
If you drove in response to a genuine emergency where no other option was available, this may provide a defence or grounds for significant mitigation.
Refusing to provide a saliva sample
It is an offence to refuse to provide a saliva sample when lawfully requested by a police officer. The maximum penalty for refusal is a fine of up to $5,337 or 6 months imprisonment, together with a mandatory licence disqualification. Refusing the test does not help you avoid a charge and in fact exposes you to a separate, serious offence.
Losing your driver’s licence can be devastating, particularly when your job depends on it. A restricted work licence allows you to continue driving for purposes directly connected to your employment during your disqualification period. However, eligibility is restricted and the application process is demanding.
Who can apply?
You can only apply for a work licence if you were charged with “driving with a relevant drug present in blood or saliva.” If you have been charged with driving under the influence of drugs, you cannot apply for a work licence under any circumstances.
Eligibility criteria
- At the time of the offence, you held a current Queensland open driver’s licence for the class of vehicle you were driving.
- You were not driving for work at the time.
- You were not driving under a work licence.
- You were not driving a vehicle requiring a zero-alcohol licence (heavy vehicle, bus, taxi, etc.).
- You do not have a drink driving or drug driving conviction within the previous 5 years.
- You have not had your licence suspended or disqualified within the previous 5 years (subject to limited exceptions).
Even if you satisfy all eligibility requirements, you must also prove to the magistrate that you are a “fit and proper person” and that without a work licence, you and your family will suffer extreme hardship because you would be deprived of your means of earning a living.
The application process
You must apply for a work licence before sentencing. If your matter is dealt with without a work licence application being filed, the opportunity is permanently lost. The application is made by way of affidavit (a sworn written statement) supported by documentary evidence including a letter from your employer, evidence of your financial circumstances, and personal references. Your personal driving history will be a determining factor in the magistrate’s decision.
Applying for a work licence is a complicated process that requires proper preparation and documentation. Our experienced drug driving lawyers prepare each application with the level of detail and supporting evidence that magistrates expect to see.
The court process for a drug driving charge follows a structured pathway. Understanding all available options before deciding how to proceed allows you to make informed decisions about your matter.
Appearance and adjournment
Your first court date may simply be an administrative mention where the matter is adjourned to allow time for police to provide the full prosecution brief (QP9) and for your lawyer to review the evidence.
Review of prosecution evidence
Your drug driving lawyer will obtain and review all prosecution materials, including the saliva test results, laboratory analysis certificate, the officer’s observations and notes, any body-worn camera footage, and the QP9 brief of evidence. This review is where potential weaknesses in the prosecution’s case are identified.
Negotiation and case conferencing
Before your matter is heard, your lawyer may negotiate with the police prosecutor. In some drug driving cases, negotiation can result in agreed facts that present the offence in a less aggravated light, which can influence the penalty imposed.
Guilty plea and sentencing
If you plead guilty, or if the charge is proven at trial, the court proceeds to sentencing. Your lawyer presents submissions that go beyond the bare facts of the offending to give the magistrate a full picture of your circumstances, including character references, evidence of rehabilitation (such as completion of a traffic offender course or drug counselling), your employment situation, and any mitigating factors. The court considers the type of drug detected, your traffic history, the circumstances of the offence, and any aggravating or mitigating features. Your lawyer’s role is to reduce penalties to the minimum available and, where appropriate, argue that no conviction should be recorded.
Work licence application
If you are eligible, the work licence application is heard at the same time as sentencing. You need to prepare affidavits and lodge documents with the court in advance.
Criminal record
A drug driving offence is a criminal offence. If a conviction is recorded, it appears on national police checks and can affect your ability to secure employment, particularly in industries that conduct routine background screening. Under the Penalties and Sentences Act 1992 (Qld), the court may choose not to record a conviction in appropriate cases, but this depends on the seriousness of the offence and the quality of submissions your lawyer makes.
Employment and professional licensing
A drug driving conviction can affect your suitability for roles in government, education, healthcare, transport, and any position that requires a Blue Card (working with children). Employers in industries with mandatory workplace drug testing programs may view a drug driving conviction as a disqualifying factor.
Insurance
A drug driving conviction can affect your motor vehicle insurance premiums, lead to policy exclusions, or result in coverage being refused. If you were involved in an accident while a relevant drug was present in your system, your insurer is likely to decline any claim.
Travel
A recorded criminal conviction can lead to visa refusal or additional screening requirements when travelling to countries including the United States, Canada, and the United Kingdom. The severity of the consequences depends on the country’s specific entry requirements and the nature of the conviction.
Interaction with other charges
If you are found in possession of illegal drugs at the time of a drug driving stop, you may face additional criminal charges for drug possession. These charges are dealt with separately and carry their own penalties, which can compound the overall impact on your life.
License suspension for repeat offenders
If you are convicted of a repeat drug driving offence, and you later accumulate demerit points during a good driving behaviour period, your licence may be suspended for double the original period.
Why Choose Donnelly Law Group as Your Brisbane Drug Driving Lawyers?
Specialist Drug Driving Expertise
Drug driving law sits at the intersection of traffic legislation, forensic science, and criminal law. Our experienced drug driving lawyers understand the technical aspects of saliva testing, laboratory analysis, and the evidentiary standards required to prove a drug driving charge. That specialist knowledge allows us to identify weaknesses in the prosecution’s case that a generalist criminal lawyer might miss. We bring a defence strategy tailored to the specifics of drug driving, not a generic traffic offence approach.
Experienced Advocates in Queensland Courts
Our drug driving lawyers are experienced advocates who regularly appear in Magistrates Courts across Brisbane, the Gold Coast, and throughout Queensland to argue for clients charged with drug driving offences. We know how different magistrates approach drug driving sentencing, and we prepare each case with that court-specific knowledge in mind. Being familiar with local prosecutors and court processes gives us an edge when negotiating and presenting submissions.
Focused on Protecting Your Licence and Your Livelihood
We recognise that for most clients charged with drug driving, the licence disqualification is the most pressing concern. Losing the ability to drive can threaten your job, your income, and your family’s stability. That is why we prioritise work licence applications for eligible clients and prepare those applications with the thoroughness the magistrate requires to grant them. For clients charged with DUI of drugs who cannot apply for a work licence, we focus on minimising the disqualification period and the overall penalty through careful mitigation.
Clear Communication and Honest Advice
From your first phone call, we explain your drug driving charge in plain language, outline the realistic range of outcomes, and tell you exactly what steps you need to take before your court date. Having sound legal advice means that you can move forward with confidence and have a realistic understanding of what kind of penalty you may face.
Speak with a Brisbane Drug Driving Lawyer
FAQs About Drug Driving Charges in Brisbane.
What should I do if police want to conduct a roadside drug test?
You must comply. Provide your name, address, and driver’s licence, and submit to the saliva test. Refusing to provide a saliva sample is a separate offence carrying a fine of up to $5,337 or 6 months imprisonment plus a mandatory licence disqualification. Beyond complying with the test and providing your identifying details, you do not have to answer questions or make any statements. Contact Donnelly Law Group at the earliest opportunity.
What drugs do Queensland Police test for?
The roadside saliva test detects four relevant drugs: THC (cannabis), methylamphetamine (ICE), MDMA (ecstasy), and cocaine. The test does not detect prescription drugs, alcohol, or other illicit substances not on this list.
Can I be charged for drug driving if I used cannabis days ago?
Yes. Queensland’s zero tolerance policy means any detectable trace of a relevant drug in your saliva constitutes an offence, regardless of when you consumed the substance. THC can remain detectable in saliva for up to 72 hours after use, and longer for heavy users. The law does not distinguish between recent use and residual traces.
What is the difference between "relevant drug present" and "driving under the influence"?
These are two separate offences with very different penalty structures. “Driving with a relevant drug present” requires only a positive test result and carries a maximum penalty of 3 months imprisonment and a 1 to 9 month disqualification. “Driving under the influence of drugs” requires evidence of actual impairment, carries a maximum penalty of 9 months imprisonment and a minimum 6-month disqualification, and you cannot apply for a work licence. The DUI charge is the more serious of the two and is comparable to high range drink driving.
Can prescription medication cause a drug driving charge?
The roadside saliva test does not detect prescription medications. However, if police observe that your driving is impaired and believe it is caused by any substance, including prescription drugs, they can charge you with driving under the influence of drugs. Having a valid prescription is not an automatic defence if the medication impaired your ability to drive.
Am I eligible for a work licence after a drug driving charge?
You may be eligible if you were charged with “driving with a relevant drug present” (not DUI of drugs), you held a current Queensland open licence at the time, you have no drink or drug driving convictions in the previous 5 years, and you can demonstrate that the loss of your licence would cause extreme hardship to your means of earning a living. The application must be made before sentencing, so contact a drug driving lawyer as early as possible.
Will a drug driving conviction give me a criminal record?
Yes. Drug driving is a criminal offence in Queensland, and if a conviction is recorded, it will appear on national police checks. The court may exercise its discretion not to record a conviction in some cases, but this depends on the offence type, your history, and the quality of your lawyer’s submissions.
Does having a prior drink driving conviction affect my drug driving penalty?
Yes. A prior drink driving conviction within 5 years is treated the same as a prior drug driving conviction for the purposes of repeat offender penalties. You will face harsher penalties and will not be eligible for a work licence.
